Each section shows Legal Text alongside Plain English explanation. Sections with amber borders have conflicts with the Declaration — click the Conflict pill to compare.
Association Name & Location
The name of the corporation is Amherst Village II HOA. The initial registered office of the Association shall be located at 1272 Mars Evans City Road, Evans City, Pennsylvania 16066, but meetings of Members and directors may be held at other places within the Commonwealth of Pennsylvania that may be designated by the Board of Directors.
The HOA's official name is "Amherst Village II HOA." The main office is at the developer's address in Evans City, but meetings can be held anywhere in Pennsylvania that the board chooses.
Declarant Definition
"Declarant" shall mean and refer to Craft PGH, LLC, a Pennsylvania limited liability company.
Note: The bylaws reference "Craft PGH, LLC" as Declarant, but the Declaration names "Far View Farms Development, LLC." These may be related entities or this could be an error in the bylaws. The Declaration controls if there's a conflict.
Member Definition
"Member" shall mean and refer to those persons entitled to membership as provided in Section 7.1 of the Declaration.
Who's a member? Anyone who owns a lot. Your membership is defined by the Declaration – if you own property here, you're automatically a member.
Declaration Reference
"Declaration" shall mean and refer to the Declaration of Covenants, Conditions and Restrictions applicable to the Real Estate recorded in the Office of the Recorder of Deeds for the County of Butler, Commonwealth of Pennsylvania at Instrument Number 202309120013443.
The bylaws are tied to the Declaration recorded September 12, 2023 (Instrument #202309120013443). If bylaws and Declaration conflict, the Declaration wins.
Annual Meeting Timing
The first annual meeting of the Members shall be held within sixty (60) days after conveyance of fifty percent (50%) of the Lots by Declarant to Owners other than Declarant. Subsequent regular annual meetings of the Members shall be held on the same day of the same month of each year thereafter or as otherwise fixed by the Board of Directors.
The first real owner meeting happens within 60 days after 50% of lots are sold. After that, annual meetings are held on the same date each year (board picks the date).
Special Meetings
After termination of the period of Declarant control, special meetings of the Members may be called at any time by the president or by the Board of Directors, or on written request of the Members who are entitled to vote one-fourth of all the votes of the membership.
Want a special meeting outside the annual meeting? After developer control ends, you need either: the president to call it, the board to call it, OR 25% of owners to request it in writing.
Meeting Notice Requirements
Written notice of each meeting of the Members shall be given by, or at the direction of, the secretary or person authorized to call the meeting, electronic notice or by mailing a copy of the notice, by United States mail, postage prepaid, at least ten days before the meeting to each Member entitled to vote. The notice shall specify the place, day, and hour of the meeting and the items on the agenda, including the general nature of any proposed amendment to the Declaration or these Bylaws; any budget or assessment changes; and any proposal to remove a director or officer.
You must get meeting notice at least 10 days in advance – by mail or email. The notice must tell you: where, when, and what's on the agenda (especially amendments, budget changes, or votes to remove board members).
Quorum for Member Meetings
The presence at the meeting of Members entitled to cast, or of proxies entitled to cast, one-tenth of the votes of the membership shall constitute a quorum for any action except as otherwise provided in the Declaration or these Bylaws.
Only 10% of owners (in person or by proxy) need to show up for a valid meeting. That's a very low bar – with ~310 lots, only ~31 owners needed for quorum.
Proxy Voting Rules
At all meetings of Members, each Member may vote in person or by proxy. All proxies shall be in writing and filed with the secretary. Every proxy shall be revocable and shall automatically cease on conveyance by the Member of his or her Lot. A proxy terminates one year after its date unless it specifies a shorter term.
Can't attend a meeting? Give someone your proxy (in writing) to vote for you. Proxies expire after 1 year or when you sell your lot. You can revoke a proxy anytime by telling the meeting chair.
Remote Meeting Participation
The Association may allow Members to participate in meetings of the Association by means of a conference telephone, video conferencing, or other remote electronic technology, including the Internet. Participation by such means shall constitute presence in person at the meeting.
You can attend meetings by phone, Zoom, or other video/internet tools. Participating remotely counts the same as being there in person.
Board of Directors Size
The Board of Directors shall initially consist of one (1) director. Upon conveyance of fifty percent (50%) of the Lots by Declarant to Owners other than Declarant, the number of directors shall be increased to three (3), two (2) of whom shall be appointed by Declarant and one (1) of whom shall be elected by the Owners. Upon termination of the period of Declarant control, the Owners shall elect all three (3) directors, at least two (2) of whom shall be Members of the Association.
Board starts with 1 director (developer's pick). At 50% sold: expands to 3 directors (2 developer-appointed, 1 owner-elected). After developer control ends: owners elect ALL 3, and at least 2 must be homeowners.
Director Terms
Directors shall be elected for a term of three (3) years. Each director shall take office upon election and shall hold office until such director's successor has been elected or until such director's earlier death, resignation or removal.
Board members serve 3-year terms. They stay in office until a replacement is elected – even if their term technically expires.
Removing Directors
Any director other than a director appointed by the Declarant may be removed from the Board of Directors, with or without cause, by a two-thirds vote of all Members present and entitled to vote at any meeting of Members at which a quorum is present. In the event of death, resignation, or removal of a director, his or her successor shall be selected by the remaining members of the Board of Directors and shall serve for the unexpired term.
You can remove an owner-elected director with a 2/3 vote at any meeting with quorum. BUT you CANNOT remove developer-appointed directors. If a seat opens, remaining board members pick the replacement.
Director Compensation
No director shall receive compensation for any service he or she may render to the Association; however, any director may be reimbursed for actual expenses incurred in the performance of his or her duties.
Board members are volunteers – they don't get paid. But they can get reimbursed for expenses (like travel to meetings, supplies, etc.).
Board Action Without Meeting
The directors shall have the right to take any action in the absence of a meeting that they could take at a meeting by obtaining the written approval of all the directors.
The board can make decisions via email or written consent instead of a formal meeting – but ALL directors must agree in writing. If even one objects, they need a real meeting.
Director Nominations
Nominations for election to the Board of Directors shall be made from the floor at the annual meeting of the Members.
Want to run for the board? Nominations happen at the annual meeting itself – anyone can be nominated from the floor. No formal process beforehand.
Election Process
Election to the Board of Directors shall be by secret written ballot. At the election the Members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted.
Board elections use secret ballots. Each lot = 1 vote per vacancy. Highest vote-getters win. No cumulative voting (you can't stack all your votes on one candidate).
Regular Board Meetings
Regular meetings of the Board of Directors shall be held quarterly without notice, at the place and hour that may be fixed from time to time by resolution of the Board of Directors.
The board meets at least quarterly (4 times/year). Regular meeting times don't require special notice – they're scheduled by board resolution.
Special Board Meetings
Special meetings of the Board of Directors shall be held when called by the president of the Association, or by any two directors, after not less than three days' notice to each director.
The president or any 2 directors can call a special board meeting with just 3 days' notice to all directors.
Board Meeting Quorum
A majority of the number of directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board of Directors.
For a 3-member board, 2 directors = quorum. Decisions need majority of those present. So with 2 directors at a meeting, both must agree (2-0) or neither wins (1-1 tie fails).
Board Powers
The Board of Directors shall have power to: (1) Adopt and publish rules and regulations governing the use of the Common Area and facilities, and establish penalties for infraction; (2) Suspend the voting rights and right to use recreational facilities of a Member in default; (3) Exercise all powers vested in the Association; (4) Declare a director's office vacant after three consecutive absences; (5) Employ a manager, independent contractor, or other employees.
The board can: make rules and fine violators, suspend delinquent owners' privileges, hire property managers, remove absent directors, and exercise all HOA powers not reserved to members.
Suspension of Member Rights
Suspend the voting rights and right to use the recreational facilities of a Member during any period in which the Member shall be in default in the payment of any assessment levied by the Association; these rights may also be suspended after notice and hearing, for a period not to exceed sixty days, for infraction of published rules and regulations.
Don't pay your dues? You lose voting rights and pool/clubhouse access until you're current. Violate rules? After notice and hearing, you can be suspended for up to 60 days.
Board Duties - Records & Reporting
It shall be the duty of the Board of Directors to: Cause to be kept a complete record of all its acts and corporate affairs and present a statement of its acts and corporate affairs to the Members at the annual meeting of the Members, or at any special meeting when the statement is requested in writing by one-fourth of the Members who are entitled to vote.
The board MUST keep complete records and report to members at annual meetings. If 25% of owners request it in writing, the board must provide a statement at any special meeting.
Board Duties - Assessments
Fix the amount of the annual assessment against each Lot at least thirty days in advance of each annual assessment period; Send written notice of each assessment to every Owner subject to assessment at least thirty days in advance of each annual assessment period; and Foreclose the lien against any Lot for which assessments are not paid within thirty days after due date.
The board must: set annual dues at least 30 days before the new year, notify all owners of the amount, and can foreclose on lots with unpaid assessments more than 30 days late.
Assessment Certificate (Estoppel)
Issue, or cause an appropriate officer to issue, on demand by any person, a certificate setting forth whether or not any assessment has been paid; a reasonable charge may be made by the Board for the issuance of these certificates; if a certificate states an assessment has been paid, the certificate shall be conclusive evidence of the payment.
When you sell your home, buyers need a certificate showing you're current on dues. The HOA can charge a fee for this. Once issued, the certificate is proof – the HOA can't later claim you owed more.
Insurance & Bonding Requirements
Procure and maintain adequate liability and hazard insurance on property owned by the Association; Cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate.
The board must maintain liability insurance on common areas and may require bonding for anyone handling HOA money (protection against theft/embezzlement).
Required Officers
The officers of this Association shall be a president and (after termination of the period of Declarant control) a vice-president, who shall at all times be members of the Board of Directors, a secretary, and a treasurer, and other officers as the Board of Directors may from time to time by resolution create.
Required officers: President (must be a director), Vice-President (after developer control, must be a director), Secretary, and Treasurer. The board can create other positions as needed.
Officer Elections
The election of officers shall take place at the first meeting of the Board of Directors following each annual meeting of the Members.
Officers are elected by the board (not directly by owners) at the first board meeting after each annual member meeting.
Officer Terms
The officers of this Association shall be elected annually by the Board of Directors and each shall hold office for one year unless he or she shall sooner resign, or shall be removed, or otherwise become disqualified to serve.
Officers serve 1-year terms (vs. 3 years for directors). They can be removed by the board anytime.
Multiple Offices Restriction
The offices of secretary and treasurer may be held by the same person. No person shall simultaneously hold more than one of any of the other offices after termination of the period of Declarant control except in the case of special offices.
Secretary and Treasurer can be the same person. But after developer control ends, one person can't hold multiple other offices (e.g., can't be both President and Vice-President).
President Duties
The president shall preside at all meetings of the Board of Directors; see that orders and resolutions of the Board of Directors are carried out; sign all leases, mortgages, deeds, and other written instruments; prepare, execute, certify and record amendments to the Declaration on behalf of the Association; and co-sign all checks and promissory notes.
The President: runs board meetings, enforces board decisions, signs legal documents and Declaration amendments, and co-signs all checks (two signatures required for payments).
Treasurer Duties
The treasurer shall receive and deposit in appropriate bank accounts all moneys of the Association and shall disburse the funds as directed by resolution of the Board of Directors; sign all checks and promissory notes of the Association; keep proper books of account; and prepare an annual budget and annual financial statements consisting of a balance sheet and a statement of income and expenditures to be presented to the membership at its regular annual meeting.
The Treasurer: handles all money (deposits, payments), co-signs checks, maintains financial records, prepares the annual budget, and presents financial statements at the annual meeting.
Owner Access to Records
The books, records, and papers of the Association shall at all times, during reasonable business hours, be subject to inspection by any Member. The Declaration, the Articles of Incorporation, and the Bylaws of the Association shall be available for inspection by any Member at the principal office of the Association, where copies may be purchased at reasonable cost.
You have the right to review HOA books and records during business hours. Declaration, Articles, and Bylaws must be available – you can get copies for a reasonable fee.
Amending the Bylaws
After termination of the period of Declarant control, these Bylaws may be amended at a regular or special meeting of the Members by a vote of a majority of a quorum of Members present in person or by proxy.
After developer control ends, bylaws can be changed by majority vote of owners present at any meeting with quorum. With 10% quorum needed, that means as few as ~16 owners (majority of 31) could amend bylaws!
Document Hierarchy
In the case of any conflict between the Articles of Incorporation and these Bylaws, the Articles shall control; and in the case of any conflict between the Declaration and these Bylaws, the Declaration shall control.
If documents conflict, here's the pecking order: Declaration beats Bylaws, Articles of Incorporation beat Bylaws. The Declaration is the supreme governing document.
Fiscal Year
The fiscal year of the Association shall begin on the first day of January and end on the thirty-first day of December of every year, except that the first fiscal year shall begin on the date of incorporation.
The HOA's financial year is January 1 - December 31 (calendar year). Budgets and financial statements follow this cycle.
Bylaws Recap
Understanding board composition and governance based on community completion
Click highlighted items to jump to the source section
Owner Control (75%+)
At 75% sold (or 7 years), owners take full control:
Board: 3 owner-elected directors (2+ must be members)
Full governance by owners
Changing the Bylaws
After Declarant Control
Difficulty: Very easy if owners organize
Key Bylaws Sections
Board & Governance:
Member Rights: